LAKSHMANIA Vs. D.D.C. DEORIA

JUDGEMENT

(1.) Heard Sri Suresh Chandra Gupta, learned Counsel for the petitioner and Sri A.P. Singh, learned Counsel appearing on behalf of respondent no.2/1.

(2.) This writ petition arises out of objections under Section 9- A(2) of the U.P. Consolidation of Holdings Act, 1953 (for short, the Act). The petitioner, Smt. Lakshmania, now represented by her heir and legal representative, Harihar, filed objections under Section 9-A(2) of the Act, dated 24.12.1981 before the Consolidation Officer staking exclusive claim to land comprising Khata no.274 of Village Rakaba Dulma Patti, Pargana Sidhua Jogna, Tehsil Padrauna, District Deoria (now District Padrauna). The aforesaid Khata comprises plot nos.1165/22, 1166/56, 1189/20, 1578/50, 1163/30 and 1166/32. This land is hereinafter referred to as the land in dispute. The objections were brought by the petitioner before the Consolidation Officer against the second respondent, Smt. Tetri wife of Balbhadra, and now represented before this Court by her heir and legal representative, Sattan son of Balbhadra, seeking to exclude her name from the land in dispute. These objections were filed against Smt. Tetri, as she was recorded in the Basic Year to the extent of a half share.

(3.) The objections in substance said that the land in dispute was a personal acquisition of the petitioner's father, the late Gauri, but the second respondent's name has been wrongly entered in the revenue records. The second respondent contested the objections alleging that the land in dispute was the joint holding of Bhajan and Gauri, who were brothers. She was the daughter of Bhajan, whereas the petitioner, Smt. Lakshmania was Gauri's daughter. As such, the second respondent claimed that she was entitled to be recorded to the extent of a half share over the land in dispute. The Consolidation Officer by his order dated 04.05.1983 allowed the petitioner's objection, ordered expunction of the second respondent's name from the revenue records with a direction that the petitioner, Smt. Lakshmania wife of Mukhi be recorded as the exclusive tenure holder.